Common use of WARRANTY ON THE PROGRAM Clause in Contracts

WARRANTY ON THE PROGRAM. 7.1 The Program is provided according to the latest release version available at the time of installation. 7.2 Without prejudice to the extent required by law, the Manufacturer/Retailer is unable to assure that the functions contained in the Program will meet the Customer’s needs or that the Program’s operations will be promptly fixed. 7.3 The warranty on the Standard Program under the End-User License involves providing a new release of the Program in order to prevent defects or malfunctions of the Program, provided that such defects are referable to the functions envisaged and outlined in the commercial descriptions of the application. 7.4 Time and methods used to remove defects shall be established by the Manufacturer/Retailer, depending on the type of malfunction and the problem reported. 7.5 The Program under the End-User License is licensed for evaluation or demonstration purposes and is provided without any warranty. 7.6 In the absence of a Maintenance Agreement for Application Programs, the warranty on the licensed standard Program expires at the release of a new version by the Manufacturer/Retailer. Should a new version be released within the minimum warranty term required by law, the Manufacturer/Retailer undertakes to provide the new version, in addition to removing the defect, without this entailing the obligation to sign a Maintenance Agreement for Application Programs. 7.7 If a Maintenance Agreement for Application Programs signed by the Customer exists, the warranty is extended for the entire lifetime of the Maintenance Agreement for Application Programs. 7.8 The warranty becomes ineffective in the event of hardware and/or software changes not permitted by the Manufacturer/Retailer that may affect the smooth operation of the Program. 7.9 The Manufacturer/Retailer shall not undertake any obligation and shall not provide any further warranty other than the one covered by this section.